Berg v. Obama: Could Obama Still Be Disqualified?

Radarsite ^ | 3 October 2008 | Roger W. Gardner

[Roger W. Gardner]

Hat tip to commenter Carolyne at Wake Up America

A note from Radarsite: Not being a lawyer, I cannot presume to write intelligently about the possible ramifications of this decision. However, the fact that the court has refused to dismiss this case and furthermore is requiring the submission of additional documention seems to be a troubling sign for the Obama camp. Radarsite has posted the first page of the full PDF transcript of this decision below and has posted a link to the complete document. If any of our readers who are lawyers would like to send in comments on this case I would be happy to post them. - rg

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, : Plaintiff : vs. :CIVIL ACTION NO: 08-cv- 04083 : BARACK HUSSEIN OBAMA, ET AL, : Defendants : ORDER ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC

PHILIP J. BERG, ESQUIRE, : Plaintiff : vs. :CIVIL ACTION NO: 08-cv- 04083 : BARACK HUSSEIN OBAMA, ET AL, : Defendants : ORDER ON DEFENDANT’S, BARACK HUSSEIN OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO RULE 12(b)(1) and 12(b)(6) THIS CAUSE came before the United States District Court Judge, Honorable R. Barclay Surrick on Defendant’s Barack Hussein Obama and the Democratic National Committee’s Motion to Dismiss. Having reviewed the Motion and Plaintiff’s Opposition to said Motion and for good cause shown, it is hereby ORDERED that the Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) is DENIED. It is further ORDER of this Court that the following discovery is to be turned over to Plaintiff within three (3) days: 1. Obama’s “vault” version (certified copy of his “original” long version) Birth Certificate; and 2. A certified copy of Obama’s Certification of Citizenship; 3. A Certified copy of Obama’s Oath of Allegiance. IT IS SO ORDERED Dated: September ______, 2008 ______________________________ Hon. R. Barclay Surrick United States District Court Judge For the Eastern District of PA BERG v. OBAMA et al Doc. 13 Dockets

------------------------------------------------------- For the complete PDF file click here

[xjcsa]

I read around here earlier that this is a *proposed* order. Proposed by Berg, and not signed at this point. So my understanding is that it’s completely meaningless unless and until the judge signs it or issues a similar order. Basically it has about as much force as if I wrote it and put it on my profile page.

[FFranco]

I believe Obama can be disqualified any time up until he is sworn in, assuming by some miracle he wins the election. If he is elected and disqualified, Biden will become president.

[expatguy]

I was going to say the same thing.

An American Expat in Southeast Asia

[Rome2000]

You don't have to be a lawyer to know that no judge would rule that Obama wasn't eligible to run.

They put career first.

[Salamander]

How did my sticker end up there?

[screaming eagle2]

Why are thwy stalling?

[Roger W. Gardner]

I stole that great sticker a long time ago then forgot who I stole it from. If you created that sticker, let me know and I’ll happily give you credit.
rg

[Salamander]

I sure did.
I know it’s mine because the tips of the sickle didn’t completely fill when I colored them yellow.
Somebody recolored white [which dilutes the intended Communist allusion] but it’s mine.

[I tried to sell them on CafePress but I reckon people were worried about their cars getting keyed]

I posted it on FR a few months ago.

There’s also a HUGE hi-res version for downloading and printing.

http://star.walagata.com/w/the-salamander/OBAMANATION_copy.jpg

[it’s 74 megabytes and 3600 by 900....you were warned]....:))

I see it’s posted all over the place now, any way.

There went my 15 minutes of fame....LOL

[Roger W. Gardner]

http://radarsite.blogspot.com/2008/10/could-obama-still-be-disqualified-berg.html

Hey Salamander - Sorry you didn’t make a lot of money on that terrific banner, but I did just give you credit. A belated thank you.
rg

[Salamander]

Hopefully everybody and their brother will start sporting them on their bumpers and maybe wake up some of the Obamazombies.

That beats money *any* day.....:)

[and thanks for attribution....you’re good people]

[gotribe]

I don’t think this has legs. Hillary’s campaign would have outed him long ago if he weren’t a U.S. citizen.

[Beckwith]

There went my 15 minutes of fame....LOL

Welcome to the Internet.

[Dr. Sivana]

I believe Obama can be disqualified any time up until he is sworn in, assuming by some miracle he wins the election. If he is elected and disqualified, Biden will become president.

Actually, this is where the Electoral College can come into play. If anything happens between now and the vote of the Electoral College, the Electors can pick whatever qualified citizen they wish. They could pick HRC, Biden, Jimmy Carter anybody who meets the Constitutional requirements.

If something happened right now, Obama could remain on the ballot, as the name represents not Obama, but Electors pledged to Obama.

[smalltownslick]

“I read around here earlier that this is a *proposed* order. Proposed by Berg, and not signed at this point.”

Unfortunately, I think you’re right. Notice the date is blank.

[Salamander]

Why thank you!

[um...where are the restrooms?]

[Gemsbok]

News Update:

RUSH IS DISCUSSING THE Mysterious BIRTH CERTIFICATE issue right now.

Kenya, Berg, granny, dual-citizenship, etc. all mentioned.

Cats out of the bag.........